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State Courts -
New York - January 4, 2007
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People v. Miller, 9979, Ind. 1922/86,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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People v. Morales, 15965,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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Overview: Defendant was not entitled to an instruction for the offense of attempted second degree robbery under Penal Law § 160.15(4) because there was no evidence that the loaded rifle defendant was carrying was not operable. Instruction for attempted second degree burglary under Penal Law § 140.25, because the building at issue was a dwelling.
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People v. Nobukawa, 16718,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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People v. Pasha, 9942, Ind. 1565/03,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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People v. Pleasant, 9972, Ind. 2209/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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People v. Rosado, 16341,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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Overview: Defendant was properly convicted of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree because the two offenses were "non-inclusory concurrent counts" under CPL 300.30; also, credible evidence supported his conviction for assault in the first degree.
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People v. Salaam, 16650,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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Rohmer Assocs., Inc. v. Rohmer, 500799,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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Overview: Trial court properly granted summary judgment to a corporate president's wife, as the corporation's first claim, sounding in fraud, but really one for conversion, was time-barred, and due to the prior divorce action, the corporation's second claim was waived in said action by the president, and said waiver applied to the corporation.
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Sexter & Warmflash, P.C. v. Margrabe, 7817-7818, Index 107569/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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Overview: Having determined that allegedly defamatory statements in a letter sent by defendants regarding the representation they had received from plaintiff attorneys enjoyed the protection of absolute privilege for pertinent statements made in the course of judicial proceedings, the court reversed the trial court's denial of defendants' motion to dismiss.
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